These Terms and Conditions apply to:
• the purchase of products from Savia de Oro (“SDO”), a brand which designs and distributes premium lingerie and other products (“SDO Product(s)”) under the Savia de Oro brand. References to Ms Ivana Oro in these Terms and Conditions mean Ms Ivana Oro. SDO is registered in Spain and Europe with VAT number ES42210009h whose registered office is at Paseo San Jose 228 35015 Las Palmas de Gran Canaria;
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
Where we refer to "you" or "your" we mean you, the person using the Services. Where we refer to “us”, “we” or “our” we mean SDO.
Your use of the Site and your purchase of any SDO Products offered on the Site is subject to these Terms and Conditions and by using the Site and/or placing an order for any SDO Product on the Site you agree to be bound by them. If you do not accept these Terms and Conditions you should leave the Site immediately. You should print a copy of these Terms and Conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
We reserve the right to change these Terms and Conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us.
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions or if any details you provide for the purposes of registering as a user prove to be false.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the end of these Terms and Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
Each of the sections and paragraphs of these Terms and Conditions operates separately. If any provision of these Terms and Conditions is found to be unlawful or unenforceable, all other provisions shall remain in full force and effect.
These Terms and Conditions may not be varied except with our express written consent.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
These Terms and Conditions shall be governed by Spanish law, and all disputes or claims arising out of or in connection with these Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims) will be governed by Spanish law.
Any dispute (including non-contractual disputes or claims) concerning these Terms and Conditions shall, subject as provided below, be submitted to the exclusive jurisdiction of the Spanish courts. Nothing in these Terms and Conditions shall limit the right of SDO to take proceedings against you in any court worldwide for injunctive and other remedies to the extent permitted by the law of such other jurisdiction.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments. Please see the Contacting us section below for details of how to get in touch.
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email email@example.com
Operation of Website and delivery of Services
The Website is owned by SDO. SDO have subcontracted the operation of certain aspects of the Website to Prestashop. As such, Prestashop provides and/or procures certain Services on behalf of SDO to enable the operation of the Website and for you to search through the Website and purchase SDO Products from SDO and any relevant Network Supplier. Such Services include, but are not limited to, payment processing, customer service, hosting, and delivery logistics.
Please note that the delivery logistics service is being provided by DHL to you, the customer, and as such you are entering into a contract for delivery services provided by DHL. DHL may make a charge for these Services which will be shown prior to checkout and your purchase of SDO Products.
SDO Products are owned and sold on the Website by SDO, or the relevant Network Supplier. We attempt to be as accurate as possible in the description of SDO Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free.
The images of SDO Products on the Website are for illustrative purposes only. Although we attempt to be as accurate as possible in the description of SDO Products, through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a SDO Product when you receive it.
Any information on the Site regarding sizing of SDO Products is included as a guide only. If you are in any doubt as to the size of any SDO Product you require, we recommend that you contact us prior to placing an order
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights. SDO Products sold are supplied for your domestic and private use only. You agree that you will not use SDO Products for any commercial, business or re-sale purposes. Neither SDO, the Network Suppliers, nor DHL has any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Ordering and availabylity
SDO Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Pay Now" button on the checkout page.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy an SDO Product. All orders are subject to acceptance. SDO (or any Network Supplier, as applicable) are not obliged to accept your order and may, at their respective discretions, decline to accept any order. You do, however, acknowledge that by clicking on the "Pay Now" button, you enter into an obligation to pay for SDO Product(s). Where your order is accepted, we will confirm such acceptance to you by sending you an email that confirms that the SDO Product has been despatched (“Despatch Confirmation”). The Contract between (i) you and (ii) SDO or the Network Supplier (as applicable) in relation to SDO Product(s) ordered will only be formed when we send you the Despatch Confirmation. After entering into the Contract, SDO or the Network Supplier (as applicable) will be under a legal duty to supply you with goods that are in conformity with the Contract.
The Contract will relate only to SDO Product(s) whose despatch has been confirmed in the Despatch Confirmation. There will be no obligation to supply any other SDO Product(s) which may have been part of your order until the despatch of such SDO Product(s) has been confirmed in a separate Despatch Confirmation.
Faulty SDO products
If any SDO Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe an SDO Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these Terms and Conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these Terms and Conditions, you are not allowed to:
• 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
• remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
• create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage Ms Ivana Oro`s or SDO’s names or reputations or those of any of our affiliates.
All rights granted to you under these Terms and Conditions will terminate immediately in the event that you are in breach of any of them.
In compliance with any enforceable law or public order, we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Intellectual properties rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) (“Content”) are owned by SDO or our respective licensors. The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database rights. All such rights are reserved.
Except as expressly set out here, nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by SDO or our respective licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these Terms and Conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
Ms Ivana Oro is the registered owner of the trade mark “Savia De Oro”, registered or to be registered in any country throughout the world from time to time, in all cases with the proprietor registered as Ivana Oro (the “Trade Marks”) and SDO is authorised to use and licence such Trade Marks.
The Trade Marks and trade names (including without limitation the name Savia de Oro (or any version thereof) under which SDO’s business is carried on (the “Trade Name”) are owned by Ivana Oro and/or SDO together with all logos, designs, symbols, emblems, insignia, fascia, slogans, copyrights, patents, know-how, information, drawings, plans and other identifying materials (whether or not registered or capable of registration) and all other proprietary rights or all vested contingent and future rights of copyright whatsoever owned or available to Ivana Oro and/or SDO adopted or designated now or at any time hereafter by Ivana Oro and/or SDO whether now known or in the future created to which Ivana Oro and/or SDO is now or may at any time after the date of these Terms and Conditions be entitled by virtue of or pursuant to any of the laws in force in each and every part of the world for use in connection with the Site and/or SDO Products and ancillary to the ownership of the Trade Marks and the Trade Name and in respect of which MBIL is licensed for use in connection with the Site (the “Proprietary Marks”).
You must not systematically extract and/or re-utilise parts of the Site, the Trade Marks, the Trade Name, the Proprietary Marks or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Site. You must not create and/or publish your own database that features substantial parts of the Site (e.g. prices and product listings) without SDO’s prior written consent.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in these Terms and Conditions shall limit or exclude our liability to you:
• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant SDO Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
An event outside of our reasonable control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects delivery of SDO Products to you, we will contact you to arrange a new delivery date after the event is over.
Ethical Sourcing policy
As reputable and trusted businesses committed to offering their customers high quality products, SDO each have an obligation to ensure that all Network Suppliers and other suppliers are operating ethically. SDO expect all Network Suppliers and other suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All Network Suppliers and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment.
SDO will never knowingly allow a Network Supplier to offer SDO Products on the Site if such SDO Products are sourced from countries which are in breach of these principles. SDO also look to the Network Suppliers and other suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Network Suppliers’ and other suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of SDO Products. However, SDO recognise the importance of being proactive and doing everything within their power to support the rights of those involved in the manufacture and supply of SDO Products.